RAPID  TRANSIT  ACT 

APPROVED  BY  THE 

CHAMBER  OF  COMMERCE 

OF  THE  STATE  OF  NEW-YORK. 

And  Now  Pending  in  the  Legislature  of  the  State. 


MARCH  i6,  1894. 


NEW-YORK: 

PRESS   OF   THE   CHAMBER   OF  COMMERCE. 


1  894. 


Avery  Arc  hitectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


RAPID  TRANSIT  ACT 


APPROVED  BY  THE 


CHAMBER  OF  COMMERCE 


OF  THt  STATE  OF  NEW-YORK. 


And  Now  Pending  in  the  Legislature  of  the  State. 


MARCH  16,  1894 


NEW-YORK  : 

PRESS   OF   THE   CHAMBER   OF  COMMERCE 
1  8  9  4. 


Digitized  by  the  Internet  Archive 
in  2014 


http://archive.org/details/rapidtransitactaOOnewy 


An  Act  to  amend  chapter  four  of  the  laws  of  eighteen 
hundred  and  ninety-one,  entitled  "An  Act  to  provide 
for  rapid  transit  railways  in  cities  of  over  one  million 
inhabitants. 

Tlie  People  of  the  State  of  New  York  represented  in  Senate 
and  Assembly  do  enact  as  follows  : 

Section  1.  Section  one  of  chapter  four  of  the  laws  of 
eighteen  hundred  and  ninety -one  entitled  14  An  Act  to 
provide  for  rapid  transit  railways  in  cities  of  over  one 
million  inhabitants  "  is  hereby  amended  so  as  to  read  as 
follows  : 

§  1.  In  each  city  having  over  one  million  of  inhabitants 
according  to  the  last  preceding  national  or  State  census, 
there  shall  be  a  board  of  Rapid  Transit  Railroad  Commis- 
sioners in  and  for  such  city,  which  shall  consist  of  the 
Mayor  of  such  city,  the  Comptroller  or  other  chief  financial 
officer  of  such  city,  the  president  of  the  Chamber  of  Com- 
merce of  the  State  of  New  York,  by  virtue  of  his  office, 
and  the  following  named  persons  to  wit  :  Samuel  D.  Bab- 
cock,  Seth  Low,  John  Claflin  and  Alexander  E.  Orr.  The 
members  of  said  Board  shall  be  styled  Commissioners  of 
Rapid  Transit.  Vacancies  which  may  take  place  in  the 
offices  so  held  by  the  persons  specifically  named  herein  as 
such  Commissioners  shall  be  filled  by  a  majority  vote  of 
the  remaining  members  of  said  Board.  The  Board  thus 
constituted  shall  have  and  exercise  the  specific  authority 
and  powers  hereinafter  conferred  and  also  such  other  and 
necessary  powers  as  may  be  requisite  to  the  efficient  per- 
formance of  the  duties  imposed  upon  said  Board  by  this  act. 

Section  2.  Section  two  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows  : 


4 


§  2.  Each  of  the  said  Commissioners  other  than  the 
Mayor  and  Comptroller  or  other  chief  financial  officer  of 
such  city  shall  take  and  subscribe  an  oath  faithfully  to  per 
form  the  duties  of  his  office,  which  oath  shall  be  filed  in 
the  office  of  the  Clerk  of  any  county  within  which  there 
shall  be  a  city  of  the  class  mentioned  in  the  first  section  of 
this  Act. 

Section  3.  Section  three  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows  : 

§  3.  Within  twenty  days  after  the  filing  of  the  oaths  of 
said  Commissioners  so  required  to  make  and  file  the  same 
the  Commissioners  of  Rapid  Transit  in  respect  to  each  of 
such  cities  shall  meet  and  organize  as  a  Board.  The  Board 
when  so  organized,  may  frame  and  adopt  by-laws  not  in- 
consistent with  this  act,  and  establish  suitable  rules  and 
regulations  for  the  proper  exercise  of  the  powers  and  duties 
hereby  conferred  and  imposed,  and  may,  from  time  to  time, 
amend  the  same.  Four  members  of  the  Board  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  but  a  less 
number  may  adjourn  meetings.  The  said  Board  shall 
adopt  a  seal,  and  keep  a  record  of  its  proceedings,  which 
shall  be  a  public  record  and  be  open  to  inspection  at  all 
reasonable  times. 

Section  4.  Section  six  of  said  Act  is  hereby  amended  so 
as  to  read  as  follows  : 

§  6.  When  the  consents  of  the  local  authorities  and  the 
property  owners,  or  in  lieu  thereof,  the  authorization  of  the 
said  Supreme  Court  upon  the  report  of  Commissioners, 
shall  have  been  obtained,  the  Board  of  Rapid  Transit 
Railroad  Commissioners  shall  at  once  proceed  to  prepare 
detailed  plans  and  specifications  for  the  construction 
of  such  rapid  transit  railway  or  railways,  including 
all  devices  and  appurtenances  deemed  by  it  necessary 
to  secure  the  greatest  efficiency,  public  convenience 
and  safety,  including  plans  and  specifications  for 
suitable  support,  turnouts,  switches,  sidings,  con- 
nections,   landing    places,    buildings,    platforms,  stair- 


5 


ways,  elevators,  telegraph  and  signal  devices,  and  other 
suitable  appliances  incidental  and  requisite  to  what  the 
said  board  may  approve  as  the  best  and  most  efficient  sys- 
tem of  rapid  transit  in  view  of  the  public  needs  and  re- 
quirements, and  the  said  board  may  in  its  discretion  in- 
clude in  said  plans,  provisions  for  subways  or  tunnels  for 
sewer,  gas  or  water  pipes,  electric  wires  and  other  conduct- 
ors proper  to  be  placed  under  ground,  wdienever  necessary 
so  to  do,  in  order  to  permit  of  the  proper  construction  of 
any  railway  herein  provided  for  in  accordance  with  the 
plans  and  specifications  of  the  said  board.  Whenever  the 
construction  of  any  railway,  depressed  way,  subway  or 
tunnel  under  the  provisions  of  this  Act  shall  interfere  with 
disturb  or  endanger  any  sewer,  water  pipe,  gas  pipe,  or 
other  duly  authorized  sub-surface  structure,  the  work  of 
construction  at  such  points  shall  be  conducted  in  the  city 
of  New  York  in  accordance  with  the  reasonable  require- 
ments and  under  the  supervision  of  the  Commissioner  of 
Public  Works,  and  in  other  cities  in  accordance  with  the 
reasonable  requirements  and  under  the  supervision  of  the 
officer  or  local  authority  having  the  care  of,  and  the  juris- 
diction or  control  over,  such  sub-surface  structures  so  in- 
terfered with,  disturbed  or  endangered.  All  expenses  in- 
cidental to  such  supervision  and  to  the  work  of  recon- 
structing, readjusting  and  supporting  any  such  sewer, 
water  pipe,  gas  pipe,  or  other  duly  authorized  sub-surface 
structure,  shall  be  borne  and  paid  by  the  compmny  which 
shall  have  acquired  the  right,  privilege  and  franchise  to 
construct,  maintain  and  operate  such  railway,  pursuant  to 
a  sale  of  the  same  at  public  auction,  as  hereinafter  pro- 
vided, if  any  such  sale  shall  be  made  by  said  board. 

Section  5.  Section  seven  of  said  act  is  hereby  amended 
s.o  as  to  read  as  follows  : 

§  7.  If  after  having  secured  the  necessary  consents  and 
after  having  prepared  such  detailed  plans  and  specifica- 
tions as  are  by  this  act  provided  for,  said  board  shall  not 
have  determined  that  such  railway  or  railways  shall  be 
constructed  for  and  at  the  expense  of  such  city  as  here- 


6 


after  provided,  said  board  shall  Bell  nt  public  auction  in 
the  city  where  said  railway  or  railways  nre  to  be  built  and 
for  the  account  and  benefit  of  said  city  the  right,  prh  il<'Lre 
and  franchise  to  construct,  maintain  and  operate  Bach  rail 
way  or  railways.  Notice  of  the  time  and  place  of  such 
sale  shall  be  published  three  times  a  week  for  at  least  six 
successive  weeks  in  at  least  three  daily  newspapers  pub- 
lished in  said  city.  The  board  may  prescribe  all  such 
terms  and  conditions  of  sale  as  it  may  deem  to  be  for  the 
interest  of  the  public  aud  of  the  citv  in  which  the  railway  or 
railways  are  to  be  constructed.  The  advertisement  of  sale 
shall  contain  only  so  much  of  the  said  terms,  plans  and 
specifications  for  the  construction  as  tin-  board  may  think 
proper,  but  such  advertisement  must  state  at  what  place 
the  full  terms,  plans  and  specifications  may  be  examined, 
and  they  shall  be  subject  to  examination  under  such 
reasonable  rules  and  regulations  as  the  board  may  pre- 
scribe, The  terms  of  sale  shall  provide  for  the  construc- 
tion of  the  railway  or  railways  under  the  supervision  of 
the  board,  and  for  the  approval  of  an  engineer  or  engin- 
eers to  be  appointed  from  time  to  time  by  the  board,  and 
the  corporation  or  corporations  to  be  organized  for  the 
purpose  of  constructing  and  operating  such  railway  or 
railways  as  in  this  act  provided  shall  pay  such  engineer 
or  engineers  such  salary  as  may,  from  time  to  time,  be 
fixed  by  the  said  Board  of  Rapid  Transit  Railroad  Com- 
missioners. Such  engineer  or  engineers  shall  hold  their 
office  at  the  pleasure  of  the  said  board.  The  terms  of  sale 
shall  require  the  successful  bidder  to  deposit  with  the 
comptroller  or  chief  fiscal  officer  of  the  city,  in  cash  or  ap- 
proved securities,  such  amount  as  the  board  may  deem 
sufficient  to  constitute  a  guarantee  of  full  compliance 
with  the  terms  of  sale  by  the  purchaser  and  by  the  cor- 
poration to  be  formed  for  the  purpose  of  building  and 
operating  said  railway  as  hereinafter  provided.  Said  bids 
and  all  rights  which  may  have  been  acquired  thereunder 
shall  become  null  and  void  and  of  no  effect,  at  the  option 
of  said  board,  should  there  be  a  failure  to  organize  a  cor- 
poration to  exercise  such  rights,  privileges  and  franchises 


7 


as  required  by  said  terms  of  sale  and  this  act,  or  for  any 
violation  of  any  of  the  requirements  of  said  terms  of  sale 
which  should  be  complied  with  before  such  corporation  is 
organized,  and  thereupon  any  deposit  which  may  have 
been  made  pursuant  to  such  terms  of  sale  shall  be  paid 
into  the  treasury  of  such  city  upon  a  certificate  being  made 
and  tiled  by  said  board  with  the  public  officer  with  whom 
such  deposit  shall  have  been  made,  that  said  bid  and  all 
rights  which  may  have  been  acquired  thereunder  have  be- 
come null  and  void  and  of  no  effect  ;  and  said  rights,  privi- 
leges and  franchises  shall  be  again  sold  by  said  board,  sub- 
ject to  all  the  provisions  of  this  act  regulating  such  sales. 
The  terms  of  sale  shall  require  the  construction  of  the  road 
to  be  begun  within  a  time  to  be  specified  in  said  terms  of 
sale,  and  to  be  finished  within  a  certain  time  thereafter  to 
be  specified  therein  and  may  prescribe  the  time  within 
which  portions  of  the  same  shall  be  begun  and  finished. 
The  said  terms  of  sale  may  reserve  to  the  board  the  power 
to  extend  the  times  for  the  commencement  and  completion 
of  the  construction  of  said  railway  or  of  portions  of  the 
same  if,  in  its  discretion,  the  said  board  deem  such  exten- 
sion to  be  for  the  best  interests  of  the  city.  In  case  the 
corporation  formed  for  the  purpose  of  constructing  said 
railway  shall  fail  to  begin  or  finish  the  construction  within 
the  times  for  those  purposes  respectively  limited,  all  rights 
privileges  and  franchises  of  such  corporations  to  maintain 
and  operate  said  railway  shall  be  forfeited,  and  upon  such 
forfeiture  being  adjudged  by  the  Court  in  a  suit  brought  for 
that  purpose  in  the  name  of  the  people  or  by  said  board  of 
Rapid  Transit  Railroad  Commissioners,  then  the  said 
Board  shall  have  power  to  advertise  and  resell  said  rights, 
privileges  and  franchises  and  so  much  of  the  road  as  shall 
have  been  constructed  by  such  corporation ;  such  suit 
shall  have  preference  over  all  other  cases  in  all  Courts ; 
and  the  proceeds  of  such  resale  shall  be  applied  first  to  the 
payment  of  the  expenses  of  the  resale,  and  then  to  the  dis- 
charge of  any  liens  which  may  have  been  created  upon  such 
property,  and  the  balance  shall  be  paid  over  to  the  said 
corporation.    The  terms  of  sale  must  provide  for  the 


8 


organization  by  the  purchaser  or  purchasers  of  such  rights, 
privileges  and  franchises  of  a  corporation  to  exercise  the 
same,  and  to  construct,  maintain  and  operate  such  rapid 
transit  railway  or  railways,  with  the  powers  and  subject  to 
the  duties  and  liabilities  granted  or  imposed  by  this  Act. 
The  said  terms  of  sale  must  also  specify  the  amount  of  the 
capital  Of  any  such  corporation,  and  number  of  shares  of 
capital  stock  which  such  corporation  shall  be  authorized  to 
issue,  the  percentage  to  be  paid  in  cash  by  the  subscribers 
on  subscribing  for  such  shares,  the  maximum  amount  of 
the  bonded  indebtedness  which  such  corporation  be  author- 
ized to  incur,  and  which  maybe  secured  by  mortgage  upon 
its  property  and  franchises,  and  the  maximum  rates  of 
fares  and  freight  w  hich  such  corporation  may  charge  and 
collect  for  the  carriage  of  persons  and  property.  Hie 
said  Board  may,  if  it  considers  that  the  public  interest  re- 
quires it  to  do  so,  reject  all  bids,  and  readvertise  the  said 
rights,  privileges  and  franchises  for  sale,  with  the  same  or 
different  terms  of  sale,  as  often  as  it  may  deem  necessary 
in  the  interest  of  such  city,  and  shall  finally  accept  that 
bid  which,  under  all  circumstances,  in  its  opinion,  is  most 
advantageous  to  the  public  and  such  city;  and  no  bid 
shall  be  accepted  without  the  concurrent  vote  of  six  mem- 
bers of  the  Board.  The  terms  of  sale  on  any  such  resale 
must  contain  all  the  provisions  required  by  this  Act  to  be 
inserted  in  the  original  terms  of  sale.  Such  sale  may  be 
adjourned  from  time  to  time  ac  the  discretion  of  the 
board.  All  sales  of  such  rights,  privileges  and  franchises 
shall  be  made  for  a  definite  term  of  years,  but  the  expira- 
tion of  the  term,  if  sold  for  a  term  of  years,  shall  not 
impair  any  mortgage  or  other  lien  upon  the  property  of 
such  corporation  or  the  rights  of  any  creditor  or  creditors 
of  such  corporation ;  provided,  however,  that  nothing 
herein  contained  shall  be  so  construed  as  to  extend  the 
term  for  which  such  rights,  privileges  and  franchises  are 
sold. 

Section  6.  Section  nine  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows  : 


9 


§  9.  The  said  Board  may  rent  such  offices  and  employ 
such  engineers,  attorneys,  and  other  persons,  from  time  to 
time,  as  it  may,  in  its  discretion,  deem  necessary  to  the 
proper  performance  by  it  of  its  duties  as  in  this  act 
prescribed. 

Section  7.  Section  ten  of  said  Act  is  hereby  amended  so 
as  to  read  as  follows : 

§  10.  The  Board  of  Estimate  and  apportionment  or  other 
Board  or  public  body  on  which  is  imposed  the  duty,  and 
in  which  is  vested  the  power,  of  making  appropriations  of 
public  moneys  for  the  purposes  of  the  city  government  in 
any  city  in  which  it  is  proposed  to  construct  such  railway 
or  railways  shall,  from  time  to  time,  on  requisition  duly 
made  by  the  Board  of  Rapid  Transit  Railroad  Commission- 
ers, appropriate  such  sum  or  sums  of  money  as  may  be  re- 
quisite and  necessary  to  properly  enable  it  to  do  and  perform, 
or  cause  to  be  done  and  performed,  the  duties  herein  pre- 
scribed, and  to  provide  for  the  compensation  of  such  Com- 
missioners, and  such  appropriation  shall  be  made  forth- 
with upon  presentation  of  a  requisition  from  the  Board  of 
Rapid  Transit  Railroad  Commissioners,  which  shall  state 
the  purposes  for  which  such  moneys  are  required  by  the 
said  Board.  In  case  the  said  Board  of  Estimate  and  Appor- 
tionment or  such  other  board  or  public  body  fail  to  appro- 
priate such  amount  as  the  Board  of  Rapid  Transit  Rail- 
road Commissioners  deem  requisite  and  necessary,  the  said 
Board  of  Rapid  Transit  Railroad  Commissioners  may  apply 
to  the  General  Term  of  the  Supreme  Court,  in  the  Depart- 
ment in  which  the  railway  is  to  be  or  has  been  constructed, 
on  notice  to  the  Board  of  Estimate  and  Apportionment,  or 
such  other  Board  or  public  body  aforesaid,  to  determine 
what  amount  shall  be  appropriated  for  the  purposes  re- 
quired by  this  section,  and  the  decision  of  said  General 
Term  shall  be  final  and  conclusive  ;  and  no  city  shall  be 
liable  for  any  indebtedness  incurred  by  the  said  Board  of 
Rapid  Transit  Railroad  Commissioners  in  excess  of  such 
appropriation  or  appropriations. 

It  shall  be  the  duty  of  the  Auditor  and  Comptroller  of 


10 


any  such  city,  after  such  appropriations  shall  have  been 
duly  made,  to  audit  and  pay  the  proper  expenditures  and 
compensation  of  said  Commissioners  upon  vouchers  there- 
for, to  be  furnished  by  the  said  Commissioners,  which  pay- 
ments shall  be  made  in  like  manner  as  payments  are  now 
made  by  the  Auditor,  Comptroller,  or  other  public  officers^ 
of  claims  against  and  demands  upon  such  city  ;  and  for  the 
purpose  of  providing  funds  with  which  to  pay  the  said 
sums,  the  Comptroller  or  other  chief  financial  officer  of 
said  city  is  hereby  nut  horized  and  directed  to  issue  and 
sell  revenue  bonds  of  such  city  in  anticipation  of  receipt  of 
taxes,  and  out  of  the  proceeds  of  such  bonds,  to  make  the 
payments  in  this  section  required  to  be  made.  The  amount 
necessary  to  pay  the  principal  and  interest  of  such  bonds 
shall  be  included  in  the  estimates  of  moneys  necessary  to 
be  raised  by  taxation  to  carry  on  the  business  of  said  city, 
and  shall  be  made  a  part  of  the  tax  levy  for  the  year  next 
following  the  year  in  which  such  appropriations  are  made. 
All  expenses  of  the  said  Board  of  Rapid  Transit  Railroad 
Commissioners,  including  the  compensation  of  said  Com- 
missioners, so  incurred  and  paid  by  any  city  as  in  this  sec- 
tion provided,  and  for  which  any  city  shall  be  liable,  shall 
be  repaid,  with  interest,  by  the  bidder  or  bidders  at  the 
public  sale  of  the  rights,  privileges  and  franchises,  as  in  this 
Act  provided,  in  case  said  Board  shall  so  sell  the  same, 
whose  bid  shall  be  accepted  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners,  and  the  terms  of  such  sale  shall 
specify  the  time  when  such  payment  shall  be  made,  as  well 
as  the  amount  thereof.  The  Commissioners,  other  than  the 
Mayor  and  Comptroller  or  other  chief  financial  officer  of 
such  city,  shall  be  x>aid  a  reasonable  compensation  for  the 
duties  performed  by  them  from  time  to  time  under  the  pro- 
visions of  this  act.  The  amount  of  such  compensation 
shall  be  determined  by  the  General  Term  of  the  Supreme 
Court  in  the  department  in  which  said  city  shall  be  located 
upon  application  by  said  Board  after  notice  to  the  Mayor 
of  such  city. 

Section  9.  Said  Act  is  further  amended  by  changing  the 
numbers  of  Sections  thirty-four,  thirty-five,  thirty-six  and 


LI 


thirty-seven  of  said  Act  so  that  said  sections  shall  be  re- 
spectively designated  as  Sections  sixty-four,  sixty-five, 
sixty-six  and  sixty-seven,  and  also  by  inserting  immediately 
after  Section  thirty-three,  so  that  the  same  shall  form  a 
part  of  said  Act,  the  following  sections,  to  wit  : 

§  34.  Said  Board  of  Rapid  Transit  Ruilroad  Commis- 
sioners may  at  any  time  determine  that  any  such  railway 
or  railways  shall  be  constructed  for  and  at  the  expense  of 
such  city,  and  upon  the  adoption  of  a  resolution  therefor  it 
shall  be  the  duty  of  said  Board  to  consider  the  routes, 
plans  and  specifications,  if  any,  previously  laid  out  and 
adopted  by  them  or  their  predecessors  and  for  which  the 
consents  have  been  obtained  referred  to  in  Section  five  of 
this  Act,  and  either  to  proceed  with  the  construction  of  such 
railway  or  railways  and  provide  for  the  operation  of  the 
same  as  hereinafter  provided  or  to  change  and  modify  the 
said  routes,  plans  or  specifications  in  such  particulars  as  to 
said  Board  may  seem  to  be  desirable  or  to  adopt  other  or 
different  routes,  plans  and  specifications  for  such  railway 
or  railways,  provided  always  that  in  all  cases  in  which  any 
such  change  or  modification  shall  be  of  such  a  character 
as  to  require  the  consents  thereto  referred  to  in  Section 
five  of  this  Act,  and  in  all  cases  where  other  or  different 
routes  and  plans  may  have  been  so  adopted  the  said  Board 
shall  proceed  to  secure  the  consents  required  to  be  ob- 
tained by  section  five  of  this  Act  as  therein  set  forth. 

As  soon  as  such  consents  where  necessary  shall  have 
been  obtained  and  the  detailed  plans  and  specifications  have 
been  prepared  as  provided  in  section  six  of  this  act,  the 
said  Board,  for  and  in  behalf  of  said  city,  shall  enter  into 
a  contract  with  any  person,  firm  or  corporation,  which,  in 
the  opinion  of  said  Board  shall  be  best  qualified  to  fulfill 
and  carry  out  said  contract,  for  the  construction  of  such 
road  or  roads,  upon  the  routes  and  in  accordance  with  the 
plans  and  specifications  so  adopted,  for  such  sum  or  sums 
of  money,  to  be  raised  and  paid  out  of  the  treasury  of  said 
city,  as  hereinafter  provided,  and  on  such  terms  and  con- 
ditions, not  inconsistent  with  the  aforesaid  plans  and  speci- 


\:> 


tications,  as  said  Board  shall  determine  to  be  best  for  the 
public  interests.  And  said  Board  may  contract  for  the 
construction  of  the  whole  road  or  all  the  roads  provided  for 
by  the  aforesaid  plans  in  a  single  contract,  or  may  by  sep- 
arate contracts  executed  from  time  to  time  provide  for  the 
construction  of  parts  of  said  road  or  roads  as  the  necessi- 
ties of  said  city  and  the  increase  of  its  population  may  in 
the  judgment  of  said  Board  require.  Such  contract  shall 
also  provide  that  the  person,  linn  or  corporation  so  con- 
tracting to  construct  said  road  or  loads  shall,  at  his  or  its 
own  cost  and  expense,  equip,  maintain  and  operate  said 
road  or  roads  for  a  term  of  years  to  be  specified  in  said 
contract,  nor  less  than  thirty-five,  nor  more  than  fifty  years, 
and  upon  such  terms  and  conditions  as  to  the  rates  of  fare 
to  be  charged  and  the  character  of  service  to  be  furnished 
and  otherwise  as  said  Board  shall  deem  to  be  best  suited  to 
the  public  interests,  and  subject  to  such  public  supervision 
and  to  such  conditions,  regulations  and  requirements  as 
may  be  determined  upon  by  said  Board.  Such  contract 
shall  further  provide  that  the  person,  firm  or  corporation 
so  contracting  to  construct,  maintain  and  operate  said  road 
shall  annually  pay  into  the  treasury  of  said  city,  as  rental 
for  the  use  of  said  road,  a  sum,  to  be  specified  in  said  con- 
tract, which  shall  not  be  less  than  the  annual  interest  upon 
the  bonds  to  be  issued  by  said  city  for  the  construction 
of  said  road  as  hereinafter  provided  for,  and 
a  sum,  in  addition  to  said  interest,  not  less 
than  one  per  centum  per  annum  upon  the  whole  amount 
of  said  bonds.  The  aforesaid  annual  rental  shall  be  paid  at 
such  times  during  each  year,  as  said  Board  shall  require, 
and  shall  be  applied  first  to  the  payment  of  the  interest 
on  said  bonds,  as  the  same  shall  accrue  and  fall  due,  and 
the  remainder  of  said  rental  not  required  for  the  payment 
of  said  interest  shall  be  paid  into  the  sinking  fund,  for  the 
payment  of  the  city  debt,  if  there  shall  be  such  sinking 
fund  in  said  city,  or,  if  there  be  none  such,  then  said  bal- 
ance of  said  rental  shall  be  securely  invested,  and  with  the 
annual  accretions  of  interest  thereon,  shall  constitute  a 


13 


sinking  fund  for  the  payment  and  redemption  at  maturity 
of  the  bonds  issued,  as  hereinafter  provided. 

Said  contract  may  also  provide  for  a  renewal  or  re- 
newals of  the  lease  of  said  road  upon  the  expiration  of 
the  original  term  and  of  any  renewals  of  the  same  upon 
such  terms  and  conditions  as  to  said  Board  may  seem  just 
and  proper,  and  may  also  contain  provisions  for  the  valu- 
ation of  the  whole  or  a  part  of  the  property  of  said 
contracting  person,  firm  or  corporation,  employed  in  and 
about  the  equipment,  maintenance  and  operation  of  said 
road,  and  for  the  purchase  of  the  same  by  the  city,  at  such 
valuation,  or  a  percentage  of  the  same,  should  said  lease 
not  be  so  renewed  at  any  time.   Said  contract  may  provide 
for  the  construction  of  said  road  in  sections,  and  in  all 
cases  shall  specify  when  the  construction  of  said  road,  or 
sections  of  the  same,  shall  be  commenced,  and,  in  each 
case,  the  date  of  completion.    It  shall  also  state  the  date 
on  which  the  operation  of  the  road,  or  of  any  section 
thereof,   shall    commence.     The    person,   firm   or  cor- 
poration  so   contracting    for    the   construction,  equip- 
ment, maintenance  and  operation  of  said  road,  shall  give  a 
bond  to  said  city,   in  su  ch  amount  as  said   Board  of 
Rapid  Transit  Railroad  Commissioners  shall  require,  and 
with  sureties  to  be  approved  by  said  Board,  who  shall 
justify  in  the  aggregate  in  double  the  amount  of  said  bond. 
Said  bond  shall  be  a  continuing  security,  and  shall  pro- 
vide for  the  prompt  payment  by  said  contracting  person, 
firm  or  corporation,  of  the  amount  of  annual  rental  speci- 
fied in  the  aforesaid  contract,  and  also  for  the  faithful  per- 
formance by  said  contracting  person,  firm  or  corporation, 
of  all  the    conditions,    covenants     and  requirements 
specified  and  provided  for  in  said  contract.    The  said 
contracting  person,    firm    or    corporation     shall  also 
simultaneously  with  the  execution  and  delivery  of  said 
contract,  deposit  with  the   comptroller  or  other  chief 
financial  officer  of  such  city  the  sum  of  one  million  dollars 
as  further  security  for  the  faithful  performance  by  such 
contracting  person,  firm  or  corporation  of  all  the  covenants, 
conditions  and  requirements  specified  and  provided  for  in 


14 


said  contract  relating  to  the  construction  and  equipment  of 
said  road  and  the  city  in  and  for  which  said  road  shall  be 
constructed  shall  also  have  a  first  lien  upon  the  rolling 
stock  and  other  property  of  said  contracting  person,  firm 
or  corporation,  constituting  the  equipment  of  said  road  and 
used  or  intended  for  use  in  the  maintenance  and  operation 
of  the  same,  as  further  security  for  the  faithful  perform- 
ance by  such  contracting  person,  linn  or  corporation  of  the 
covenants,  conditions  and  agreements  of  said  contract  on 
his,  their  or  its  part  to  be  fulfilled  and  performed,  and  in 
case  of  the  breach  of  any  such  covenant,  condition  and 
agreement  said  lien  shall  be  subject  to  foreclosure  by  action, 
at  the  suit  of  such  city,  in  the  same  manner,  as  far  as  may 
be,  as  is  then  provided  by  Law  in  the  case  of  foreclosure  by 
action  of  mortgages  on  real  estate. 

The  said  Board  of  Rapid  Transit  Railroad  Commis- 
sioners may,  however,  from  time  to  time,  by  a  concurrent 
vote  of  all  the  members  of  said  Board,  relieve  from  such 
lien,  any  of  the  property  to  which  the  same  may  attach, 
upon  receiving  additional  security  which  may  be  deemed 
by  said  board  so  voting  to  be  the  equivalent  of  that  which 
it  is  proposed  to  release  and  otherwise  upon  such  terms  as 
to  such  Board  so  voting  shall  seem  just.  Upon  the  com- 
pletion of  the  construction  and  equipment  of  said  road 
to  the  satisfaction  of  said  Board  and  when  the  operation  of 
the  same  shall  have  commenced  pursuant  to  said  contract 
it  shall  be  the  duty  of  the  comptroller  or 
other  chief  financial  officer  to  pay  to  the 
said  contracting  person,  firm  or  corporation  said  sum  of 
one  million  dollars  so  to  be  deposited  as  above  provided, 
and  said  contracting  person,  firm  or  corporation  shall 
also  be  then  entitled  to  be  credited  upon  the  rental  which 
he,  they,  or  it  shall  have  contracted  to  pay  to  said  city  for 
the  use  of  said  road  a  sum  which  shall  be  equal  to  the 
interest  on  the  sum  of  one  million  dollars  for  the  time  of 
such  deposit  at  the  rate  of  interest  provided  for  in  the 
bonds  which  shall  have  been  issued  and  sold  by  the  city  to 
provide  for  the  construction  of  said  road.  The  said  con- 
tract shall  further  provide  that  in  case  of  default  in  pay- 


15 


ing  the  annual  sum  or  rental  therein  provided  for,  or  in 
case  of  the  failure  or  neglect  on  the  part  of  said  contracting 
person,  firm  or  corporation,  faithfully  to  observe,  keep 
and  fulfill  the  conditions,  obligations  and  requirements  of 
said  contract,  the  said  city,  by  its  Board  of  Rapid  Transit 
Railroad  Commissioners,  may  take  possession  of  said  road 
and  the  equipment  thereof,  and  as  the  agent  of  said  con- 
tracting person,  firm  or  corporation,  either  maintain  and 
operate  said  road,  or  enter  into  a  contract  with  some  other 
person,  firm  or  corporation  for  the  maintenance  and  opera- 
tion thereof,  retaining  out  of  the  proceeds  of  such  opera- 
tion, after  the  payment  of  the  necessary  expenses  of 
operation  and  maintenance,  the  annual  rental  hereinbefore 
referred  to,  and  paying  over  the  balance,  if  any,  to  the 
person,  firm  or  corporation  with  whom  the  first  contract 
above  mentioned  was  made,  and  if  such  proceeds  of  the 
operation  of  said  road,  after  the  payment  of  the  necessary 
expenses  of  maintenance  and  operation,  including  the 
keeping  in  repair  of  the  rolling  stock  and  other  equipment, 
shall  in  any  year  be  less  than  the  annual  rental  hereinbe- 
fore referred  to  and  provided  in  the  first  contract,  then  and 
in  that  case,  the  said  contracting  person,  firm  or  corpora- 
tion and  his  or  its  bondsmen,  shall  be  and  continue  jointly 
and  severally  liable  to  the  aforesaid  city  for  the  amount  of 
such  deficiency  until  the  end  of  the  full  term  for  which 
the  said  first  contract  was  originally  made.  No  contract 
entered  into  under  authority  of  this  act  shall  be  assigned 
without  the  written  consent  of  the  said  Board  of  Rapid 
Transit  Railroad  Commissioners  concurred  in  by  all  the 
members  of  said  Board. 

§  35.  The  person,  firm  or  corporation  operating  such  road, 
shall  be  exempt  from  taxation  in  respect  to  his,  their  or 
its  interest  therein  under  said  contract  and  in  respect  to 
the  rolling  stock  and  other  equipment  of  said  road,  but 
this  exemption  shall  not  extend  to  any  real  property 
which  may  be  owned  and  employed  by  said  person,  firm  or 
corporation  in  connection  with  the  construction  or  opera- 
tion of  said  road. 


10 


§  30.  The  said  Board  of  Rapid  Transit  Railroad  Commis- 
sioners before  awarding  any  contract  or  contracts  shall 
advertise  for  proposals  for  such  contracts  by  a  notice  to  be 
printed  twice  a  week  for  three  successive  weeks  in  not  less 
than  four  of  the  daily  newspapers  published  in  said  city, 
and  in  such  newspapers  published  B.lsewhere  than  in  said 
city  as  said  board  shall  determine.  Such  notice  shall  set 
forth  and  state  the  points  within  said  city,  between  which 
said  road  or  roads  is  or  aie  to  run,  the  general  method  of 
construction,  the  route  or  routes  to  be  followed,  the  term 
of  years  for  which  it  is  proposed  to  make  such  contract, 
and  such  other  details  and  specifications  as  said  board  shall 
deem  to.  be  proper.  Said  notice  shall  state  the  time  and 
place  at  which  said  proposals  will  be  opened  and  the  said 
board  shall  attend  at  the  time  and  place  so  specified,  and 
shall  publicly  open  all  proposals  that  shall  have  been  re- 
ceived, but  the  said  board  shall  not  be  bound  to  accept  any 
proposals  so  received,  but  may  reject  all  such  proposals 
and  re-advertise  for  proposals  in  the  manner  hereinbefore 
provided,  or  may  accept  any  of  such  proposals  as  will,  in 
the  judgment  of  such  board,  best  promote  the  public  in- 
terest, and  award  a  contract  accordingly.  All  contracts 
made  under  authority  of  this  act  must,  before  execution, 
be  approved  as  to  form  by  the  counsel  to  the  corporation 
or  other  chief  legal  adviser  to  said  city. 

§  37.  For  the  purpose  of  providing  the  necessary  means 
for  such  construction  at  the  public  expense  of  any  such 
road  or  roads,  the  Board  of  Estimate  and  Apportionment, 
or  other  local  authority  in  said  city,  in  which  such  road  or 
roads  are  to  be  constructed,  having  power  to  make  appro- 
priations of  moneys  to  be  raised  by  taxation  therein,  from 
time  to  time,  and  as  the  same  shall  be  necessary,  and  upon 
the  requisition  of  said  Board  of  Rapid  Transit  Railroad 
Commissioners  shall  direct  the  Comptroller  or  other 
chief  financial  officer  of  said  city,  and  it  shall  there- 
upon become  his  duty  to  issue  the  bonds  of  said  city 
at  such  a  rate  of  interest,  not  exceeding  three  and 
one-half  per  centum  per  annum,  as  said  Board  of 
Estimate  and   Apportionment  or  other  local  authority 


17 


directing  the  issue  of  such  bonds  may  prescribe.  Said  bonds 
shall  provide  for  the  payment  of  the  principal  and  interest 
in  gold  coin  of  the  United  States  of  America.  They  shall 
not  be  sold  for  less  than  the  par  value  thereof  and  the  pro- 
ceeds of  the  same  shall  be  paid  out  and  expended  for  the 
purposes  for  which  the  same  are  issued,  upon  vouchers 
certified  by  said  Board  of  Rapid  Transit  Railroad  Commis- 
sioners. Said  bonds  shall  be  free  from  all  taxation  for  city 
and  county  purposes  and  shall  be  payable  at  maturity  out 
of  the  sinking  fund  for  the  payment  of  the  city  debt,  if 
there  be  such  a  sinking  fund  of  said  city  ;  but  if  there  be  no 
such  sinking  fund,  then  out  of  a  sinking  fund  to  be  established 
and  created  out  of  the  annual  rentals  of  said  road  as  here- 
inbefore provided.  The  amount  of  bonds  authorized  to  be 
issued  and  sold  by  this  section  shall  not  exceed  fifty  mill- 
ions of:  dollars,  par  value,  without  the  consent  of  the 
legislature  first  had  and  obtained. 

§  38.  The  Board  of  Rapid  Transit  Railroad  Commis- 
sioners, for  and  on  behalf  of  the  said  city  in  which  such 
road  or  roads  may  be  constructed,  may  from  time  to  time 
with  the  concurrence  of  all  the  members  of  said  board  and 
the  consent  in  writing  of  the  bondsmen  or  sureties  of  the 
person,  firm  or  corporation  which  has  contracted  to  con- 
struct, equip,  maintain  and  operate  said  road  or  roads,  or 
any  of  them,  agree  with  said  contracting  person,  firm  or 
corporation  upon  changes  in  and  modifications  of  said  con- 
tract, or  of  the  plans  and  specifications  upon  which  said 
road  or  roads  is  or  are  to  be  constructed,  but  no  change  or 
modifications  in  the  plans  and  specifications  consented  to 
and  authorized  pursuant  to  section  five  of  this  act  shall  be 
made  without  the  further  consent  and  authorization  pro- 
vided for  in  said  section  ;  but  in  no  event  shall  the  annual 
rental  to  be  paid  to  said  city,  for  the  use  of  said  road,  be 
reduced  below  the  minimum  rate  hereinbefore  provided. 

§  39.  For  the  purpose  of  constructing  any  such  road  the 
said  board  for  and  in  behalf  of  said  city  may  acquire,  as 
in  this  act  provided,  any  real  estate,  and  any  rights,  terms, 
and  interest  therein,  and  any  and  all  rights,  privileges, 


18 


franchises,  and  easements  which  in  the  opinion  of  the 
board  it  shall  be  necessary  to  acquire  or  extinguish  for  the 
purpose  of  constructing  and  operating  such  road. 

§  40.  It  shall  and  may  be  lawful  for  said  board,  and  for 
all  persons  acting  under  its  authority,  to  enter  in  the  day- 
time into  and  upon  any  and  all  lands  and  property  which 
it  shall  <lc<Mii  necessary  to  be  acquired,  or  to  which  (here 
may  be  appurtenant  rights,  terms,  franchises,  easements  or 
privileges  which  it  shall  deem  necessary  to  be  acquired  or 
extinguished  by  said  city,  for  the  purpose  of  making  the 
maps  or  surveys  hereinafter  mentioned,  and  also  to  enter 
in  like  manner  and  for  the  same  purpose  upon  any  prop- 
erty adjacent  to  and  within  five  hundred  feet  of  the  prop- 
erty to  be  so  surveyed  ;  and  the  said  board  shall  cause  three 
similar  maps  or  plans  to  be  made  of  each  parcel  of  prop- 
erty which  it  may  deem  necessary  so  to  be  acquired,  or  to 
which  there  may  be  appurtenant  rights,  terms,  franchises, 
easements  or  privileges  necessary  so  to  be  acquired  or  ex- 
tinguished, designating  each  of  said  parcels  by  a  number, 
and  upon  each  map  or  plan  so  made  the  said  board  shall 
cause  to  be  clearly  indicated  the  particular  estate  or  estates, 
rights,  terms,  privileges,  franchises  or  easements  to  be  ac- 
quired or  extinguished  for  the  purposes  of  this  act,  in  rela- 
tion to  each  and  every  piece  or  parcel  of  property  described 
upon  said  map  or  plan. 

The  said  board  shall  have  power  to  cause  a  triplicate  set 
of  maps  or  plans  as  herein  provided  for  to  be  made  as 
often  and  at  such  times  as  said  board  shall  determine,  and 
each  set  of  maps  or  plans  so  made  shall  contain  the  par- 
ticulars above  enumerated  within  such  district  as  said 
board  shall  in  each  case  provide.  The  maps  or  plans  here- 
in provided  for,  when  approved  and  adopted  by  said  board, 
shall  have  written  thereon  a  certificate  of  such  approval, 
signed  by  the  members  of  said  board  adopting  and  ap- 
proving the  same,  and  one  copy  thereof  shall  be  filed  in 
the  Department  of  Public  Works,  or  other  chief  executive 
department  having  principal  charge  of  the  streets, there  to  re- 
main as  a  public  record,  and  the  other  two  of  said  maps 
shall  be  transmitted  to  the  counsel  to  the  corporation  or 


19 


other  principal  legal  adviser  of  said  city.  The  said  board 
may  from  time  to  time  make  and  file  further  maps  amend- 
ing those  already  filed,  but  not  so  as  to  defeat  or  impair 
any  property  or  interest  which  shall  have  been  already  ac- 
quired, or  to  revive  any  interest  or  right  which  may  have 
been  already  extinguished  by  the  said  city. 

§  41.  Whenever  and  as  often  as  the  said  Board  shall 
deem  it  to  be  necessary  and  proper  that  the  said  city 
should  acquire  any  such  property  and  shall  have  caused  to 
be  made,  as  provided  in  the  last  preceding  sections,  the 
maps  or  plans  specifying  and  defining  the  said  property  to 
be  acquired,  or  to  which  are  appurtenant  the  rights,  terms, 
franchises,  easements  or  privileges  to  be  acquired  or  ex- 
tinguished, and  shall  have  certified  and  filed  and  trans- 
mitted the  several  copies  of  such  maps  or  plans  as  in  the 
last  section  prescribed,  the  said  Board  may  direct  the 
Counsel  to  the  Corporation  or  other  principal  legal  adviser 
of  said  city,  to  take  legal  proceedings  to  acquire  the  same 
for  the  said  city,  and  the  said  Counsel  to  the  Corporation, 
or  other  principal  legal  adviser,  shall  thereupon  take  pro- 
ceedings as  in  this  act  provided. 

§  42.  The  said  Counsel  to  the  Corporation,  or  other 
principal  legal  adviser  of  said  city,  shall  cause  one  of  the 
maps  or  plans,  so  as  aforesaid  transmitted  to  him,  to  be 
filed  in  the  office  of  the  Register  of  the  County,  or  if  there 
be  no  such  Register,  then  in  the  office  of  the  County  Clerk 
of  the  County  in  which  said  city  is  situated.  The  map, 
hereinafter  denominated  the  third  map,  being  the  other  one 
of  the  two  so  as  aforesaid  transmitted  to  said  Counsel  to 
the  Corporation,  or  other  legal  adviser,  shall  be  disposed 
of  as  hereinafter  provided. 

§  43.  After  the  said  map  or  plan  shall  have  been  filed 
as  hereinbefore  provided  in  the  office  of  the  Register  or 
County  Clerk  of  said  County,  the  said  Counsel  to  the  Cor- 
poration, or  other  principal  legal  adviser,  for  and  on  behalf 
of  the  said  city,  shall,  upon  first  giving  the  notice  required 
by  the  next  section  of  this  act,  apply  to  the  Supreme  Court 
at  any  Special  or  General  Term  thereof,  to  be  held  in  the 


30 


Judicial  District  in  which  said  city  is  situated,  for  the 
appointment  of  Comissioners  of  Appraisal.  Upon  such 
application  he  shall  present  to  the  Court  a  petition,  signed 
by  the  members  of  said  Board  and  verified  in  the  manner 
prescribed  by  law  for  the  verification  of  pleadings,  according 
to  the  practice  of  said  Court,  setting  forth  the  action  thereto- 
fore taken  by  said  Board,  and  the  filing  of  said  maps  and 
praying  for  the  appointment  of  such  Commissioners  of  Ap- 
praisal. Such  petition  shall  contain  a  general  description  of 
all  the  property  to,  or  in  or  over  or  appurtenant  to  which  any 
title,  interest,  right,  franchise,  easement,  term  or  privilege  is 
sought  to  be  acquired  or  extinguished  by  the  said  city  for 
public  piurposes,  each  lot  or  parcel  being  more  particularly 
described  by  a  reference  to  the  number  of  said  lot  or  parcel 
as  given  on  said  maps,  and  the  title,  interest,  right,  ease- 
ment, term  or  privilege  sought  to  be  acquired,  or  extin- 
guished, to,  or  in  or  over  or  appurtenant  to  each  of  said 
lots  or  parcels  shall  be  stated  in  said  petition. 

§  44.  The  said  Counsel  to  the  Corporation,  or  other 
principal  legal  adviser,  shall  give  notice  by  publication  in 
two  public  newspapers  published  in  the  said  city,  of  his 
intention  to  make  application  to  the  said  Court  for  the  ap- 
pointment of  such  Commissioners  of  Appraisal,  which 
notice  shall  state  the  time  and  place  of  such  application, 
shall  briefly  state  the  object  of  the  application  and  shall 
describe  the  property  sought  to  be  acquired  or  affected.  A 
statement  of  the  location  and  boundaries  of  the  several  lots 
or  parcels  of  property  sought  to  be  taken  or  affected,  and 
a  brief  statement  as  to  each  of  said  lots  or  parcels  of  the 
title,  interest,  rights,  easements,  terms  or  privileges  therein 
or  appurtenant  thereto,  sought  to  be  acquired  or  extin- 
guished with  a  reference  to  the  dates  and  places  of  filing 
the  said  maps  shall  be  a  sufficient  description  of  the  prop* 
erty  sought  to  be  so  taken  or  affected.  Such  notice  shall 
be  so  published  continuously  in  each  issue  of  said  news- 
papers for  six  weeks  immediately  previous  to  the  time  fixed 
in  said  notice  for  the  presentation  of  each  petition. 

§  45.  At  the  time  and  place  mentioned  in  said  notice, 


21 


unless  the  said  Court  shall  adjourn  said  application  to  a 
subsequent  date,  and  in  that  event  at  the  time  to  which  the 
same  may  be  adjourned,  the  Court,  upon  due  proof  to  its 
satisfaction  of  the  publication  aforesaid,  and  upon  filing  the 
said  petition,  shall  make  an  order  for  the  appointment  of 
three  disinterested  freeholders,  residents  in  said  city,  as 
Commissioners  of  Appraisal,  to  ascertain  and  appraise  the 
compensation  to  be  made  to  the  owners  of  property  so  to  be 
taken  or  extinguished  for  the  purposes  indicated  in  this 
act.  Such  order  shall  fix  the  time  and  place  for  the  first 
meeting  of  the  Commissioners. 

§  46.  The  said  Commissioners  shall  take  and  subscribe 
the  oath  required  by  the  Twelfth  Article  of  the  Constitu- 
tion of  the  State  of  New  York,  and  shall  forthwith  file  the 
same  in  the  office  of  the  Clerk  of  the  County  in  which  said 
city  is  situated. 

g  47.  On  filing  said  oath  in  the  manner  provided  in  the 
last  section,  the  said  city  shall  be  and  become  seized  and 
possessed  in  fee  or  absolute  ownership  of  all  those  parcels 
of  property  which  are  on  the  maps  referred  to  in  section  forty 
of  this  act,  described  as  parcels  of  property  which  are  to 
be  acquired,  and  also  shall  become  seized  and  possessed  of 
all  the  rights,  terms,  franchises,  easements  or  privileges 
appurtenant  to  any  lots  or  parcels  of  property  indicated  on 
said  maps  as  parcels  in  regard  to  which  it  is  deemed  neces- 
sary to  acquire  such  rights,  terms,  franchises,  easements 
or  privileges,  or  the  said  rights,  terms,  easements  or 
privileges  shall  be  extinguished  as  the  case  may  be  ;  and 
the  said  city,  may  immediately  or  at  any  time  or  times 
thereafter  take  possession  of  the  said  property,  or  of  any 
part  or  parts  thereof  without  any  suit  or  proceeding  at  law 
for  that  purpose  and  the  said  Board  and  the  said  city,  or 
any  person  or  persons  acting  under  their  or  its  authority, 
may  enter  upon  and  use  and  occupy  in  perpetuity  all  the 
parcels  of  property  and  all  the  rights,  terms,  franchises, 
easements  or  privileges  appurtenant  to  any  of  the  parcels 
of  property  described  on  said  map.  for  any  of  the  purposes 
authorized  and  provided  for  by  this  act. 


22 


§48.  Any  one  of  said  Commissioners  of  Appraisal  may 
issue  subpoenas  and  administer  oaths  to  wi  masses,  and 
they  or  any  one  of  them,  in  the  absence  of  the  others,  may 
adjourn  the  proceedings,  from  time  to  time  in  their  dis- 
cretion,   but   they   shall   continue   to   meet   from  time 
to   time  as   may   be   necessary  to   hear,  consider  and 
determine  upon  all  claims  which  may  be  presented  to 
them  under  any  of  the  provisions  of  this  act.    In  case  of 
the  death,  resignation,  refusal  or  neglect  to  serve  of  any 
Commissioner  of  Appraisal,  the  remaining  Commissioner  or 
Commissioners  shall,  upon  ten  days'  notice,  tobegiven  by 
advertisement  in  the  newspapers  mentioned  in  section 
forty-four  of  this  act,  apply  to  the  Supreme  Court,  at  a 
Special  or  General  Term  thereof,  to  be  held  in  the  Judicial 
District  in  which  said  city  is  situated,  for  the  appointment 
of  a  Commissioner  or  Commissioners  to  fill  the  vacancy  or 
vacancies  so  occasioned.    In  case  of  the  death,  resignation 
or  refusal  to  serve  of  all  the  Commissioners  of  Appraisal, 
the  said  Counsel  to  the  Corporation,  or  other  principal 
legal  adviser  to  said  city,  shall,  on  giving  the  notice  re- 
quired in  this  section,  apply  to  the  said  Court  for  the  ap- 
pointment of  Other  Commissioners  of  Appraisal.    It  shall 
be  the  duty  of  the  Commissioners  of  Appraisal  to  procure 
from  the  Counsel  to  the  Corporation,  or  other  principal 
legal  adviser,  the  third  map  provided  for  in  the  sections 
forty  and  forty-two  of  this  act.    They  shall  view  the 
property  laid  down  on  said  map,  and  shall  hear  the  proofs 
and  allegations  of  any  owner,  lessee  or  other  person  in  any 
way  entitled  to  or  interested  in  the  property  to  be  acquired 
or  extinguished,  or  any  part  or  parcel  thereof,  and  also 
such  proofs  and  allegations  as  may  be  offered  on  behalf  of 
the  said  city.    They  shall  reduce  the  testimony,  if  any, 
taken  before  them  to  writing,  and  after  the  testimony  is 
closed,  they,  or  a  majority  of  them,  all  having  considered 
the  same,  and  having  an  opportunity  to  be  present,  shall, 
without  unnecessary  delay,  ascertain  and  determine  the 
compensation  which  ought  justly  to  be  made  by  the  said 
city  to  the  owners  or  persons  interested  in  the  property  ac- 
quired  or  extinguished  by  said  proceedings.    The  said 


23 


Commissioners  of  Appraisal  shall  make  reports  of  their 
proceedings  to  the  Supreme  Court,  as  in  the  next  section 
provided,  with  the  minutes  of  the  testimony  taken  before 
them,  if  any,  and  they  shall  be  entitled  to  the  payment 
hereinafter  provided  for  their  services  and  expenses,  to  be 
paid  from  the  fund  hereinafter  specified. 

§  49.  The  said  Commissioners  shall  prepare  a  report,  to 
which  shall  be  annexed  the  third  copy  of  the  map  referred 
to  in  section  forty-two  of  this  act  and  therein  denomi- 
nated the  third  map.  The  said  report  shall  contain  a  brief 
description  of  the  property  so  taken  or  affected,  with  a 
reference  to  the  map  upon  which  the  same  is  required  to 
be  indicated  ;  a  statement  of  the  sums  estimated  and  de- 
termined upon  by  them,  as  a  just  compensation  for  the  same 
to  be  made  by  the  city  to  the  owners  or  persons  interested 
therein  and  the  names  of  such  owners  and  persons  ;  but  in 
all  and  each  and  every  case  or  cases  where  one  or  more  of 
the  owners  and  persons  interested  or  their  respective 
estates  or  interests  are  unknown  or  not  fully  known  to  the 
Commissioners  of  Appraisal,  it  shall  be  sufficient  for  them 
to  set  forth  and  state  in  general  terms  the  respective  sums 
to  be  allowed  and  paid  to  the  owners  of  and  persons  inter- 
ested therein,  generally,  without  specifying  the  names 
or  estates  or  interests  of  such  owners  or  persons  interested 
or  any  or  either  of  them. 

§  50.  Said  report,  signed  by  said  Commissioners  or  a 
majority  of  them,  shall  be  filed  in  the  office  of  the  Clerk  of 
the  County  in  which  said  city  is  situated,  and  "the  Commis- 
sioners of  Appraisal  shall  in  each  case  notify  the  Counsel 
to  the  Corporation  or  other  principal  adviser  to  said  city 
as  soon  as  any  such  report  is  filed. 

§  51.  The  Counsel  to  the  Corporation,  or  other  principal 
legal  adviser,  or  in  case  of  his  neglect  to  do  so  within  ten 
days  after  receiving  notice  of  such  filing,  then  any  person 
interested  in  the  proceedings  shall  give  notice  that  the 
said  report  will  be  presented  for  confirmation  to  the 
Supreme  Court  at  a  Special  Term  thereof,  to  be  held  in 
the  Judicial  District  in  which  said  city  is  situated,  at  a 


'24 


time  and  place  to  he  specified  in  said  notice.  The  said 
notice  shall  contain  a  statement  of  the  thin*  and  place  of 
the  filing  of  the.  report,  and  shall  be  published  in  two  daily 
newspapers  published  in  such  city,  for  at  least  four  treeka 
immediately  prior  to  the  presentation  oi  said  report  for 
confirmation. 

§  52.  The  application  for  the  confirmation  of  the  report 
shall  be  made  to  the  Supreme  Court  at  a  Special  Term 
thereof,  held  in  the  .Judicial  District  in  which  said  city  is 
situated.  Upon  the  hearing  of  the  application  for  the  con- 
firmation thereof,  the  said  Court  shall  confirm  such  report 
and  make  an  order  containing  a  recital  of  the  substance  of 
the  proceedings  in  the  matter  of  the  appraisal,  with  a  general 
description  of  the  property  appraised  and  for  which  com- 
pensation is  to  be  made,  and  shall  also  direct  to  whom 
the  money  is  to  be  paid,  and  whether  or  not  any  part 
thereof,  and,  if  so,  what  part,  is  to  be  deposited  by  the 
Comptroller  or  other  chief  financial  officer  of  said  city  with 
the  Chamberlain  of  said  city,  or  if  there  be  no  Chamber- 
lain, with  a  bank  or  trust  company  to  be  designated  by 
said  Court.  Such  report  when  so  confirmed  shall,  except 
in  the  case  of  an  appeal,  as  hereinafter  provided,  be  final 
and  conclusive,  as  well  upon  the  said  city  as  upon  owners 
and  all  persons  interested  in  or  entitled  to  said  property, 
and  also  upon  all  other  persons  whomsoever. 

§  53.  The  said  city  shall,  within  four  calendar  months 
after  the  confirmation  of  the  report  of  the  Commissioners 
of  Appraisal,  pay  to  the  respective  owners  and  bodies 
politic  or  corporate  mentioned  or  referred  to  in  said  report, 
in  whose  favor  any  sum  or  sums  of  moneys  shall  be  esti- 
mated and  reported  by  said  Commissioners,  the  respective 
sum  or  sums  so  estimated  and  reported  in  their  favor  re- 
spectively, with  legal  interest  thereon  from  the  date  of 
filing  the  oath  of  said  Commissioners,  and  in  case  of  neglect 
or  default  in  the  payment  of  the  same  within  the  time 
aforesaid,  the  respective  person  or  persons  or  bodies  pol- 
itic or  corporate,  in  whose  favor  the  same  shall  be  so 
reported,  his,  her  or  their  executors,  administrators,  suc- 


25 


cessors  or  assigns  at  any  time  or  times  after  application 
first  made  by  him,  her  or  them  to  the  Comptroller  or  other 
chief  financial  officer  of  said  city  for  payment  thereof,  may 
sue  for  and  recover  the  same,  with  lawful  interest  as  afore- 
said, and  the  costs  of  suit,  in  any  proper  form  of  action 
against  the  said  city  in  any  Court  having  cognizance 
thereof,  and  in  which  it  shall  be  sufficient  to  declare  gener- 
ally for  so  much  money  due  to  the  plaintiff  or  plain  tiffs 
therein  by  virtue  of  this  act  for  property  taken  or  extin- 
guished for  the  purposes  herein  mentioned,  and  the  report 
of  said  Commissioners,  with  proof  of  the  right  and  title  of 
the  plaintiff  or  plaintiffs  to  the  sum  or  sums  demanded, 
shall  be  conclusive  evidence  in  such  suit  or  action. 

§  54.  Whenever  the  owTner  or  owners,  person  or  persons 
interested  in  any  property  taken  or  affected  in  such  pro- 
ceeding, or  in  whose  favor  any  such  sum  or  Sums  or  com- 
pensation shall  be  so  reported,  shall  be  under  the  age  of 
twenty-one  years,  or  of  unsound  mind  or  absent  from  the 
city,  and  also  in  all  cases  where  the  name  or  names  of  the 
owner  or  owners,  person  or  persons  interested  in  any  such 
property  shall  not  be  set  forth  or  mentioned  in  said  report, 
or  where  the  said  owner  or  owners,  person  or  persons  being 
named  therein  cannot  upon  diligent  inquiry  be  found,  or 
where  there  are  adverse  or  conflicting  claims  to  the 
money  awarded  as  compensation,  it  shall  be  lawful  for  the 
said  city  to  pay  the  sum  or  sums  mentioned  in  said  report 
payable,  or  that  would  be  coming  to  such  owner  or  owners, 
person  or  persons,  respectively,  with  interest  as  aforesaid, 
to  the  Chamberlain  of  said  city,  or  if  there  be  no 
Chamberlain,  then  to  any  bank  or  trust  company  des- 
ignated by  the  Court  in  the  order  confirming  the  report 
of  the  Commissioners  of  Appraisal,  to  the  credit  of  such 
owner  or  owners,  person  or  persons,  and  such  payment 
shall  be  as  valid  and  effectual  in  all  respects  as  if  made  to 
the  said  owner  or  owners,  person  or  persons  interested 
therein  respectively  according  to  their  just  rights  ;  and 
provided  also  that  in  all  and  each  and  every  such  case  and 
cases  where  any  sum  or  sums  or  compensation  reported  by 
the  Commissioners  in  favor  of  any  person  or  persons  or 


2n 


l)arties  whatsoever,  whether  named  or  not  named  in  said 
report,  shall  be  paid  to  any  person  or  persons  or  party 
or  parties  whomsoever,  when  the  same  shall  of  right  belong 
and  ought  to  have  been  paid  to  some  other  person  or  per- 
sons or  party  or  parties,  it  sliall  be  lawful  for  the  person 
or  persons  or  party  01  parties  to  whom  the  same  ought  to 
have  been  paid  to  sue  for  and  recover  the  same,  with  law- 
ful interest  and  costs  of  suit,  as  so  much  money  had  and 
received  to  his,  her  or  their  use  by  the  person  or  persons, 
party  or  parties  respectively,  to  whom  the  same  shall  have 
been  so  paid. 

§  55.  Every  owner  or  person  in  any  way  interested  in 
any  property  taken  or  extinguished  as  contemplated  in  this 
act,  if  he  intends  to  make  claim  for  compensation  for  such 
taking  or  extinguishment,  shall  within  three  years  after 
the  appointment  of  the  Commissioners  of  Appraisal  exhibit 
to  the  said  Commissioners  a  statement  of  his  claim,  and 
shall  thereupon  be  entitled  to  offer  testimony  and  to  be 
heard  before  them  touching  such  claim  and  the  compensa- 
tion proper  to  be  made  him,  and  to  have  a  determination 
made  by  such  Commissioners  of  Appraisal  as  to  the 
amount  of  such  compensation.  Every  person  neglecting 
or  refusing  to  present  such  claim  within  said  time  shall  be 
deemed  to  have  surrendered  his  claim  for  such  compensa- 
tion, except  so  far  as  he  may  be  entitled,  as  such  owner  or 
person  interested,  to  the  whole  or  a  part  of  the  sum  of 
money  awarded  by  the  Commissioners  of  Appraisal  as  a 
just  compensation  for  taking  or  extinguishing  the  prop- 
erty owned  by  said  person,  or  in  which  the  said  person 
is  interested. 

§  58.  Payment  of  the  compensation  awarded  by  said 
Commissioners  of  Appraisal  to  the  persons  named  in  their 
report  (if  not  infants  or  persons  of  unsound  mind),  shall, 
in  the  absence  of  notice  to  the  said  city  or  other  claimants 
to  such  award,  protect  the  said  city. 

§  57.  Said  Commissioners  of  Appraisal  may  in  their  dis- 
cretion take  up  any  specified  claim  or  claims,  and  finally 
ascertain  and  determine  the  compensation  to  be  made 


27 


thereon,  and  make  a  separate  report  with  reference  thereto, 
annexing  to  said  report  a  copy  of  so  much  of  the  map  re- 
ferred to  in  section  forty- two  of  this  act  as  indicates  the 
property  so  reported  on.  Such  report  shall,  as  to  claims 
therein  specified,  be  the  report  required  in  this  act,  and  the 
subsequent  action  with  reference  thereto,  shall  be  had  in 
the  same  manner  as  though  no  other  claim  were  embraced 
in  said  proceeding,  which,  however,  shall  continue  as  to  all 
claims  upon  which  no  such  determination  and  report  is 
made. 

§  58.  Within  twenty  days  after  notice  of  the  confirma- 
tion of  the  report  of  the  Commissioners,  as  provided  for  in 
section  fifty-two  of  this  act,  which  notice  may,  as  to  parties 
who  have  not  appeared  before  the  Commissioners,  be  given 
in  the  manner  provided  in  section  fifty-one  of  this  act, 
either  party  may  appeal  to  the  General  Term  of  the  Su- 
preme Court  in  the  Department  in  which  such  Commis- 
sioners were  appointed,  from  the  appraisal  and  report  of 
the  Commissioners  and  the  order  confirming  the  same.  Such 
appeal  shall  be  heard  upon  due  notice  thereof  being  given, 
according  to  the  rules  and  practice  of  said  Court.  On  the 
hearing  of  such  appeal  the  Court  may  direct  a  new  ap- 
praisal and  determination  of  any  question  passed  upon,  by 
the  same  or  new  Commissioners,  in  its  discretion,  and  from 
any  determination  of  the  General  Term  either  party,  if  ag- 
grieved, may  take  an  appeal,  which  shall  be  heard  and 
determined  by  the  Court  of  Appeals.  In  the  case  of  a  new 
appraisal  the  second  report  shall  be  final  and  conclusive  on 
all  the  parties  and  persons  interested.  If  the  amount  of 
compensation  to  be  made  by  such  city  is  increased  by  the 
second  report,  the  difference  shall  be  paid  by  the  Comp- 
troller or  other  chief  financial  officer  of  said  city,  to  the 
parties  entitled  to  the  same,  or  shall  be  deposited  with  the 
Chamberlain,  or  bank  or  trust  company,  as  the  Court  may 
direct,  and  if  the  amount  is  diminished  the  difference 
shall  be  refunded  to  the  said  city  by  the  party  to  whom 
the  same  may  have  been  paid,  and  judgment  therefor 
may  be  rendered  by  the  Court  on  the  filing  of  the  sec- 
ond report  against  the  party  liable  to  pay  the  same.  But 


28 


the  taking  of  an  appeal  by  any  person  or  persona  shall 
not  operate  to  stay  the  proceedings  under  this  act  ex- 
cept as  to  the  particular  property  with  which  the  said 
appeal  is  concerned.  Such  appeal  shall  be  heard  upon 
the  evidencetaken  before  said  Commissioners  and  any  affi- 
davits as  to  irregularities,  and  three  printed  copies  of 
such  evidence  shall  he  furnished  by  the  sai  1  city  to  the 
party  taking  the  appeal,  within  ten  days  after  the  appeal 
is  perfected,  and  such  appeal  may  be  heard  on  the  evi- 
dence so  furnished,  and  may  be  taken  without  security 
thereon. 

§  59.  The  Supreme  Court  in  the  Judicial  District  in  which 
said  city  is  situated  shall  have  power  at  any  time  to  amend 
any  defect  or  informality  in  any  of  the  special  proceedings 
authorized  by  this  act  as  may  be  necessary,  and  to  direct 
such  further  notices  to  be  given  to  any  party  in  interest  as 
it  deems  proper,  and  also  to  appoint  other  Commissioners 
in  place  of  any  who  shall  die  or  refuse  or  neglect  to  serve 
or  be  incapable  of  serving  or  be  removed.  And  the  said 
Court  may  at  any  time  remove  any  Commissioner  of  Ap- 
praisal who  in  its  judgment  shall  be  incapable  of  serving, 
or  who  shall  for  any  reason,  in  its  judgment  be  an  unfit 
person  to  serve  as  such  Commissioner.  The  cause  of  such 
removal  shall  be  specified  in  the  order  making  the  same. 
If  in  any  particular  it  shall  at  any  time  be  found  necessary 
to  amend  any  pleading  or  proceeding  or  to  supply  any 
defect  therein  arising  in  the  course  of  any  special  proceed- 
ing authorized  by  tliis  act,  the  same  may  be  amended  or 
supplied  in  such  manner  as  shall  be  directed  by  the  Su- 
preme Court,  which  is  hereby  authorized  to  make  such 
amendment  or  correction. 

§  60.  All  property  acquired  under  the  provision  of  this 
act  shall  be  and  shall  be  deemed  to  have  been  acquired  for 
public  uses  and  purposes,  and  for  the  purpose  of  affording 
increased  facilities  for  rapid  transit  between  points  within 
the  city  acquiring  such  property. 

§  61.  The  moneys  necessary  and  sufficient  to  be  paid  for 
any  property,  acquired  in  any  manner  under  the  provisions 


29 


of  this  act,  together  with  all  expenses  necessarily  incurred 
in  surveying,  locating  and  acquiring  title  to  such  property, 
and  for  surveying  and  locating  the  same,  and  for  preparing 
the  necessary  maps  and  plans  in  connection  therewith, 
shall  be  raised  and  paid  out  of  the  proceeds  of  bonds 
issued  and  sold  as  provided  by  section  thirty-seven  of 
this  act,  and  all  such  expenses  as  well  as  those  incurred 
as  provided  in  the  next  section  shall  be  deemed  a  part 
of  and  included  in  the  cost  of  constructing  the  road  or 
roads,  the  construction  of  which  rendered  it  necessarj^  to 
acquire  the  property  in  the  course  of  the  acquisition  of 
which  such  expenses  may  be  incurred. 

§  62.  The  Commissioners  of  Appraisal  appointed  in  pur- 
suance of  this  act  shall  receive  as  compensation  the  sum 
of  ten  dollars  per  day  for  each  day  actually  employed. 
They  may  employ  the  necessary  clerks,  stenographers  and 
surveyors.  The  Counsel  to  the  Corporation  or  other  prin- 
cipal legal  adviser  to  said  city  shall  either  in  x>erson  or  by 
such  counsel  as  he  shall  designate  for  the  purpose,  appear 
for  and  protect  the  interests  of  the  city  in  all  such  pro- 
ceedings in  Court  and  before  the  commissioners.  The  fees 
of  the  commissioners  and  the  salaries  and  compensation  of 
their  employees,  and  all  other  necessary  expenses  in  and 
about  the  said  proceedings  provided  for  by  this  act,  and 
such  allowance  for  counsel  fees  as  may  be  made  by  order 
of  the  Court,  and  all  reasonable  expenses  incurred  by  said 
Counsel  to  the  Corporation,  or  otner  principal  legal  adviser 
or  said  counsel  designated  by  him  for  the  proper  presenta- 
tion and  defense  of  the  interests  of  said  city  before  said 
commissioners  and  in  Court,  shall  be  paid  by  the  Comp- 
troller or  other  chief  financial  officer  of  said  city  out  of  the 
funds  referred  to  in  the  last  preceeding  section.  But  such 
fees  and  expenses  shall  not  be  paid  until  they  have  been 
taxed  before  a  justice  of  the  Supreme  Court  in  the  judicial 
district  in  which  said  city  is  situated  upon  five  days'  notice 
to  the  Counsel  to  the  Corporation,  or  other  chief  legal  ad- 
viser, of  said  city.  Such  allowance  shall  in  no  case  exceed 
the  limits  prescribed  by  section  3253  of  the  Code  of  Civil 
Procedure. 


30 


§  83.  The  road  or  roads  so  constructed  shall  be  and  re- 
main the  absolute  property  of  the  city  so  constructing  it 
or  them,  and  shall  be  and  be  deemed  to  be  a  part  of  the 
public  streets  and  highways  of  said  city,  to  be  used  and 
enjoyed  by  the  public  upon  the  payment  of  such  fares  and 
tolls,  and  subject  to  such  reasonable  rules  and  regulations 
as  may  be  imposed  and  provided  for  by  the  Board  of 
Rapid  Transit  Railroad  Commissioners  in  said  city. 

Section  10.  Wherever  it  is  expressly  provided  in  the 
act  hereby  amended  that  any  act  of  the  Board  of  Rapid 
Transit  Railroad  Commissioners  shall  be  done  by  the 
concurrent  vote  of  four  of  the  members  of  said  Board, 
the  act  hereby  amended  is  further  amended  so  as  to  pro- 
vide in  such  cases  that  such  vote  shall  be  that  of  six  of 
such  members. 

Section  11.  The  Commissioners  of  Rapid  Transit  here- 
tofore appointed  under  the  act  hereby  amended,  or  who 
became  such  Commissioners  by  its  terms,  upon  the  organ- 
ization of  the  Board  which  shall  succeed  them  pursuant 
to  said  act  as  hereby  amended,  shall  cease  to  be  such 
Commissioners,  and  shall  transfer  and  deliver  to  the 
Board  of  Rapid  Transit  Railroad  Commissioners,  provided 
for  by  the  act  hereby  amended,  as  so  amended,  all  furni- 
ture, books,  maps,  records,  plans  and  other  papers  and 
property  of  what  kind  soever  appertaining  or  belonging  to 
or  in  the  custody  of  the  Board  of  which  they  were  Com- 
missioners, or  in  their  possession,  or  under  their  control 
as  such  Commissioners,  or  held  by  them,  or  for  which  they 
are  responsible  in  their  official  capacity. 

The  expenses  incurred  by  said  Commissioners  for  which 
an  appropriation  or  appropriations  shall  have  been  made 
pursuant  to  section  ten  of  the  act  hereby  amended,  shall 
be  paid  upon  vouchers  to  be  furnished  by  said  Commis- 
sioners and  otherwise,  as  provided  in  said  section.  Said 
Commissioners  shall  also  be  entitled  to  receive  a  reasonable 
compensation  for  the  services  which  have  been  rendered 
by  them,  which  may  have  been,  or  which  shall  be,  deter- 
mined on  their  application  in  the  manner  provided  for  in 


31 


said  section.  The  Comptroller,  or  other  chief  financial 
officer  of  said  city,  is  hereb}7"  authorized  and  directed  to 
issue  and  sell  revenue  bonds  of  such  city  in  anticipation 
of  the  receipt  of  taxes,  and  out  of  the  proceeds  of  such 
bonds  to  pay  said  compensation  so  ascertained  and  deter- 
mined, and  the  amount  necessary  to  pay  the  principal  and 
interest  of  said  bonds  shall  be  included  in  the  tax  levy 
of  said  city  for  the  year  next  following  the  issue  and  sale 
of  the  same. 

Section  12.  This  act  shall  take  effect  immediately. 


m 


